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(영문) 광주지방법원 2016.11.30 2016나4323
대여금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. The plaintiff alleged on February 23, 2003 lent 12 million won to C on the basis of interest rate of 3% per month and due date of repayment on February 23, 2004. The defendant guaranteed the above loan debt of C on the same day. Since the plaintiff was paid only 1.5 million won of principal out of the above loan debt, the defendant is jointly and severally liable to pay the remaining principal amount of KRW 10.5 million and interest and delay damages to the plaintiff.

2. Of the evidence No. 1 of the judgment of the court below, the part that the defendant guaranteed the above loan debt of the defendant Eul cannot be used as evidence because there is no evidence to prove the authenticity, and there is no other evidence to prove that the defendant guaranteed the above loan debt of the defendant Eul. Thus, the above argument is without merit.

3. The plaintiff's claim against the defendant is dismissed due to the lack of reason, and the part against the defendant in the judgment of the court of first instance against the defendant is unfair, and thus the plaintiff's claim against the defendant is revoked and dismissed.

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